11 Cited authorities

United States v. Kubrick
444 U.S. 111 (1979) Cited 2,600 times 1 Legal Analyses
Holding that claim under Federal Tort Claims Act accrued when plaintiff possessed "critical facts that he has been hurt and who has inflicted the injury," and rejecting argument that "plaintiff's ignorance of his legal rights" deferred accrual
Beck ex rel. Estate of Southeast Banking Corp. v. Lazard Freres & Co.
175 F.3d 913 (11th Cir. 1999) Cited 216 times
Finding under Florida Law, the elements of a breach of contract action are a valid contract; a material breach; and damages
May v. Illinois National Insurance Co.
771 So. 2d 1143 (Fla. 2000) Cited 46 times
Holding that nonclaim statute in probate code is “not subject to waiver or extension in the probate proceedings”
Federal Insurance Co. v. Southwest Florida Retirement Center, Inc.
707 So. 2d 1119 (Fla. 1998) Cited 40 times 1 Legal Analyses
Holding that the Florida Supreme Court would not write into a statute of limitations a delayed discovery rule when the legislature itself had not done so explicitly, and that the legislature could make the necessary statutory change if that were its intent
National Auto Service Centers, Inc. v. F/R 550, LLC
192 So. 3d 498 (Fla. Dist. Ct. App. 2016) Cited 3 times 1 Legal Analyses
No. 2D14–3632. 03-30-2016 NATIONAL AUTO SERVICE CENTERS, INC., a Florida corporation; National Auto Properties, Inc., a Florida corporation; Leonard D. Levin, individually; Carol Levin, individually; Durant Holdings, LLC ; and Bedford Investments, LLC, Appellants, v. F/R 550, LLC, a Florida limited liability company; and F/R 3329, LLC, a Florida limited liability company, Appellees. Stephen O. Cole and Nancy S. Paikoff of MacFarlane Ferguson & McMullen, Clearwater, and Michael J. Stanton of Stanton
Connectus LLC v. Ampush Media, Inc.
Case No. 8:15-cv-2778-T-33JSS (M.D. Fla. Jan. 20, 2017) Cited 1 times
Concluding that a choice-of-law clause that applied to "all matters relating" to the parties' contract was "broad" and governed a tort claim related to performance under the contract
Sabal Chase H. A. I. v. W. D. W. Co.
726 So. 2d 796 (Fla. Dist. Ct. App. 1999) Cited 3 times 3 Legal Analyses
Holding that statute of repose was not subject to tolling provision applicable to statute of limitations because, among other reasons, it would “ignore fundamental distinctions between ordinary statutes of limitations and statutes of repose”
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 351,086 times 937 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 16 - Pretrial Conferences; Scheduling; Management
Fed. R. Civ. P. 16 Cited 34,376 times 52 Legal Analyses
Adopting the sanctions authorized by Rule 37(b)
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,276 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Section 95.031 - Computation of time
Fla. Stat. § 95.031 Cited 630 times 9 Legal Analyses
Delaying the start of the four-year limitations period for actions "founded upon fraud" until "the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence"

Gatti v. Goodman et al

11 Cited authorities

Holding that claim under Federal Tort Claims Act accrued when plaintiff possessed "critical facts that he has been hurt and who has inflicted the injury," and rejecting argument that "plaintiff's ignorance of his legal rights" deferred accrual

Finding under Florida Law, the elements of a breach of contract action are a valid contract; a material breach; and damages

Holding that nonclaim statute in probate code is “not subject to waiver or extension in the probate proceedings”

Holding that the Florida Supreme Court would not write into a statute of limitations a delayed discovery rule when the legislature itself had not done so explicitly, and that the legislature could make the necessary statutory change if that were its intent

Concluding that a choice-of-law clause that applied to "all matters relating" to the parties' contract was "broad" and governed a tort claim related to performance under the contract

Holding that statute of repose was not subject to tolling provision applicable to statute of limitations because, among other reasons, it would “ignore fundamental distinctions between ordinary statutes of limitations and statutes of repose”

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Adopting the sanctions authorized by Rule 37(b)

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Delaying the start of the four-year limitations period for actions "founded upon fraud" until "the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence"